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investigation, according to such designation as the Commission may make in any order made by it in the premises, except that where such deposition is taken in a foreign country it may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. The magistrate, person, or officer so designated will in this rule be referred to as the officer.

(c) Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party, or his attorney of record, as either may be nearest, and to the Commission. No deposition shall be taken except after six days' notice to the parties, and where the deposition is taken in a foreign country such notice shall be at least 15 days. In such notice shall be stated the name and post-office address of the witness, the subject matter or matters concerning which the witness is expected to testify, the time and place of taking the deposition, and the name and postoffice address of the officer before whom it is desired that the deposition be taken. Thereupon the Commission will make and serve upon the parties or their attorneys an order wherein the Commission will name the witness whose deposition is to be taken, and specify the time when, the place where, and the officer before whom the witness is to testify, but such time and place, and the officer before whom the deposition is to be taken, so specified in the Commission's order, may or may not be the same as those named in said notice to the Commission.

(d) Every person whose deposition is so taken shall be cautioned and sworn (or affirmed, if he so request) to testify the whole truth and nothing but the truth concerning the matter about which he shall testify, and shall be carefully examined. His testimony shall be reduced to typewriting by the officer before whom the deposition is taken, or under his direction, after which the deposition shall be subscribed by the witness and certified in usual form by the officer. After the deposition has been so subscribed and certified it shall, together with two copies thereof made by such officer or under his direction, be forwarded by such officer under seal in an envelope addressed to the Commission at its office in Washington,

D. C. Upon receipt of the deposition and copies the Commission will file the deposition in the record in said proceeding and forward one copy to the party at whose instance the deposition has been taken, or his attorney, and the other copy to the opposite party or his attorney, except that where the deposition is taken at the instance of more than one party, or there is more than one opposite party, the copies will be forwarded by the Commission to the parties or their attorneys designated for that purpose in advance.

(e) Such depositions must conform to the specifications of Rule XXI.

(f) No such deposition shall be taken unless under special circumstances and for good cause shown, within 10 days prior to the date of the hearing thereof assigned by the Commission, and where the deposition is taken in a foreign country it shall not be taken after 30 days prior to such date of hearing.

(g) Witnesses whose depositions are taken pursuant to these rules and the officer taking the same, unless he be an agent or examiner of the Commission, shall severally be entitled to the same fees as are paid for like service in the courts of the United States, which fees shall be paid by the party at whose instance the depositions are taken.

(h) In valuation cases the Commission upon application of any party showing good cause therefor may permit the taking of depositions upon written interrogatories and cross-interrogatories before such persons as it may designate and under such conditions as it may prescribe. All expenses of taking such depositions shall be borne by the applicant. Rule XI.

§ 332. Witnesses and Subpoenas.

(a) Subpoenas requiring the attendance of witnesses from any place in the United States at any designated place of hearing may be issued by any member of the Commission.

(b) Subpoenas for the production of books, papers, or documents, unless directed by the Commission upon its own motion, will issue only upon application in writing. Applications to compel witnesses who are not parties to the proceedings, or agents of such parties, to produce documentary evidence must

be verified and must specify, as nearly as may be, the books, papers, or documents desired and the facts to be proven by them. Applications to compel a party to the proceedings to produce books, papers, or documents should set forth the books, papers, or documents sought, with a showing that they will be of service in the determination of the proceeding.

(c) Witnesses who are summoned are entitled to the same fees as are paid for like service in the courts of the United States, such fees to be paid by the party at whose instance the testimony is taken.

(d) If service of subpoena is made by a United States marshal or his deputy such service shall be evidenced by his return thereon. If made by any other person, such person shall make affidavit thereof, describing the manner in which service is made, and return such affidavit on or with the original subpœna in accordance with the form thereon. In case of failure to make service the reasons for the failure shall be stated on the original subpoena. In making service the original subpoena shall be exhibited to the person served, shall be read to him if he is unable to read, and a copy thereof shall be left with him. The original subpoena, bearing or accompanied by the required return, affidavit or statement, shall be returned forthwith to the Secretary of the Commission, or, if so directed on the subpoena, to the presiding commissioner or examiner before whom the person named in the subpoena is required to appear. Rule XII.

§ 333. Documentary Evidence.—

(a) Where relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter, not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily cumber the record, such book, paper, or document will not be received in evidence but may be marked for identification and, if properly authenticated, the relevant and material matter may be read into the record, or, if the presiding commissioner or examiner so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies delivered

by the party offering the same to opposing parties or their attorneys appearing at the hearing, who shall be afforded opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof if found to be material and relevant.

(b) In case any matter contained in a report or other document, not a tariff schedule, on file with the Commission is offered in evidence such report or other document need not be produced or marked for identification but in other respects the provisions of the foregoing subdivision (a) of this rule will apply. In case any portion of the record before the Commission in any proceeding other than the one on hearing is offered in evidence a true copy of such portion shall be presented for the record in the form of an exhibit, unless

(1) The party offering the same agrees to supply such copy later at his own expense if and when required by the Commission; and

(2) The portion is specified with particularity in such manner as to be readily identified; and

(3) The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference, and that any other portion offered by any other party may be incorporated by like reference subject to (1) and (2); and

(4) The presiding commissioner or examiner directs such incorporation.

Any portion so offered, whether in the form of an exhibit or by reference, shall be subject to appropriate objection.

(c) In case any matter contained in a tariff schedule on file with the Commission is offered in evidence, such tariff schedule need not be produced or marked for identification, but the matter so offered shall be specified with particularity in such manner as to be readily identified and may be received in evidence subject to check by reference to the original tariff schedule so on file. All exhibits showing rates, fares, charges, or other tariff provisions must, by appropriate Interstate Commerce Commission number reference, indicate the tariff authority therefor, and if distances are shown must also show

the authority therefor and, by lines and junction points, the routes over which the distances are computed.

(d) When exhibits of a documentary character are to be offered in evidence copies must be furnished to opposing counsel, unless the presiding commissioner or examiner otherwise directs.

(e) All exhibits of a documentary character received in evidence are bound with the rest of the record in covers of uniform size. Wherever practicable they should be on one side only of sheets not exceeding 121⁄2 inches from top to bottom by 22 inches in width, and a sufficient margin for binding, preferably 111⁄2 inches, must be left blank on the left side of each sheet. They must be on paper of good quality and so prepared as to be plainly legible and durable, whether printed or typewritten. If typewritten they must in other respects conform to the requirements of Rule XXI (b). Wherever practicable the sheets of each exhibit and the lines of each sheet should be numbered, and, if the exhibit consists of five or more sheets, the first sheet or title-page should be confined to a brief statement of what the exhibit purports to show, with reference by sheet and line, to illustrative or typical examples contained in the exhibit, and should bear an identifying number, letter, or short title which will readily distinguish the exhibit from the other exhibits of the same party. It is desirable that, wherever practicable, rate comparisons and other evidence should be condensed into tables.

(f) Where agreed upon by the parties at or after the hearing, the presiding commissioner or examiner, if he deems advisable, may receive specified documentary evidence as a part of the record within a time to be fixed by him, but which shall expire not less than 10 days before the date fixed for filing and serving briefs.

(g) Except as above provided, or as may be expressly permitted in particular instances, the Commission will not receive in evidence or consider as part of the record any documents, letters, or other writings submitted for consideration in connection with the proceeding after the close of the testimony, and will return the same to the sender.

(h) In valuation cases exhibits offered in evidence at a

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